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FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED

In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a […]

FUNDAMENTAL DISHONESTY – YOU HAVE BEEN WARNED (HOPEFULLY)

I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from […]

Withdrawn but not forgotten – Part II: Britned Development Limited v ABB AB & Anor [2018] EWHC 3142 (Ch)

Another case dealing with the thorny issue of withdrawn Part 36 offers is Britned Development Limited v ABB AB & Anor. Here, the Defendant withdrew a Part 36 offer after trial but before judgment. The Claimant was awarded damages in a lower sum and the parties were in a dispute as to the costs consequences. […]

DANGEROUS DRIVING, JOINT CRIMINAL ENTERPRISE and EX TURPI CAUSA DEFENCE: is MENS REA made out?

In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence. Two motorists drove alongside each other on a dual carriageway […]

ZENITH PERSONAL INJURY ANNUAL UPDATE LECTURE: SEE THE PICTURES – DO THE QUIZ

Over a 100 people attended our annual update on the 22nd November.  Thanks to everyone who attended. We hope you had as good as time as we did.  Here are a few pictorial highlights. The course was opened by Gordon who explained that if people stayed to the end they would get Smarties.   This […]

ZENITH PI GROUP IN THE DIRECTORIES

Members of the group (and our clerks) have been reviewed favourably in the legal directories.  Here is what The Legal 500 & Chambers & Partners are saying about us.   THE LEGAL 500 PERSONAL INJURY AND CLINICAL NEGLIGENCE Zenith Chambers’ ‘very knowledgeable’ personal injury team reports a significant uptick in instructions from both claimants and […]

​Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal

In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form. That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period […]